145 results for 'judge:"Miller"'.
J. Miller finds that defendant's constitutional right to an impartial jury was not violated when the trial court denied several of his juror challenges during his trial on 17 counts related to his kidnapping and sexual assault of a 7-year-old girl. The individuals were never challenged for cause and were eventually seated on the jury; therefore, they are presumed to have been impartial and the lack of evidence to the contrary renders defendant's claim meritless. Meanwhile, the trial court properly denied defendant's motion to merge two kidnapping convictions as allied offenses because the charges stemmed from different activities. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: July 10, 2023, Case #: 2023-Ohio-2357, Categories: Jury, Sentencing, Kidnapping
J. Miller-Lerman finds the Nebraska court of appeals properly reversed the juvenile court’s termination of the father’s parental rights to his son on grounds that he had substantially neglected the child’s necessary care and protection. Though the father is currently incarcerated, since learning of his paternity he has shown interest in parenting, completed classes, stayed in contact with caseworkers and consistently visited with his son. The evidence does not support termination. Though the court of appeals advocates for placement with the mother, the Nebraska Supreme Court advocates for placement with the grandmother. Affirmed as modified.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: July 7, 2023, Case #: S-22-312, Categories: Family Law, Guardianship
J. Miller finds the trial court properly ruled against the debtor in the bank's lawsuit against him and his wife when they fell behind on payments toward a line of credit. Contrary to the debtor's argument, the relevant law and Florida civil procedures do not take away the trial court's jurisdiction to adjudicate claims against the debtor just because his wife already separately negotiated a settlement with the bank and stipulated to a voluntary dismissal of the claims against her. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: July 5, 2023, Case #: 22-1076, Categories: Jurisdiction, Contract
J. Miller-Lerman dismisses the conservator's appeal of the county court's authorization of a settlement with the insurance carrier of the driver of a vehicle in which the minor passenger was injured from a collision with a school bus. The conservator sought an order vacating the settlement authorization on the grounds that it limited the minor's recovery against non-settling parties, and now appeals the court's denial of that motion. The conservator’s motion was a request for rescission of contract sounding in equity over which neither the county court nor the Nebraska Supreme Court have jurisdiction. Vacated.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 30, 2023, Case #: S-22-239, Categories: Insurance, Vehicle, Jurisdiction
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J. Miller finds that despite defendant's claim of self-defense, his domestic violence conviction is supported by sufficient evidence. The victim's testimony about the assault, including being grabbed by the arm and struck with a broom handle, satisfied the elements of the crime, while it was up to the jury to determine the credibility of all witnesses. Meanwhile, defendant's ineffective assistance claim fails because the alleged evidence on SD cards from his home security camera are not in the record and may not exist at all, and an attorney's performance cannot be considered deficient for a failure to introduce evidence that does not exist. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: June 26, 2023, Case #: 2023-Ohio-2101, Categories: Ineffective Assistance, Domestic Violence, Self Defense
J. Miller finds that, although the prosecutor did not ask the victim explicitly whether the rape took place in her marital bedroom, venue was properly established for defendant's trial because other questioning proved the events took place in the county of the trial court. However, because the trial court failed to notify defendant of all statutory requirements when it imposed his indefinite sentence, the case must be remanded for resentencing. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: June 26, 2023, Case #: 2023-Ohio-2097, Categories: Sentencing, Sex Offender, Jurisdiction
J. Miller dismisses an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant sought cancellation of removal and adjustment of status. An immigration judge denied relief because of the immigrant's criminal record and the Board of Immigration Appeals affirmed. The panel concluded that it lacked jurisdiction.
Court: 9th Circuit, Judge: Miller, Filed On: June 20, 2023, Case #: 20-72510, Categories: Immigration, Jurisdiction
J. Miller finds that the trial court improperly ruled in favor of the contractor on tort claims brought by an electrical subcontractor's workers' compensation carrier over injuries suffered by an employee during a home renovation project. It was error to find that the contractor was entitled to immunity based on the "two-contract theory." Reversed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: June 20, 2023, Case #: 2022CA0972, Categories: Insurance, Tort, Workers' Compensation
J. Miller finds the trial court erroneously granted the livestock farm buyers' motion for summary judgment on contract claims because language in the agreement, along with testimony from the seller, indicates there was not a universal release clause that would preclude liability on any future claims from the sellers. Therefore, there was an issue of fact as to whether the seller fully released all claims or only those related to property involved in the sale. Reversed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: June 20, 2023, Case #: 2023-Ohio-2019, Categories: Agriculture, Fiduciary Duty, Contract
J. Miller finds that a father who has been incarcerated at three different facilities, beginning before the birth of his child, is entitled to an evidentiary hearing before having parental reunification services terminated. Reversed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: June 16, 2023, Case #: A166037, Categories: Family Law
J. Miller finds that the trial court improperly ruled partially in favor of the insured in a breach of contract, negligent adjustment and bad faith action over whether the full limit of an insurance policy covers the hurricane damage to the insured's hotel. Genuine issues of fact exist as to whether the policy provided wind-driven rain coverage up to the full policy limit. However, the trial court correctly dismissed the insurer's counterclaim for equitable reformation of the policy based on an alleged mutual mistake as to the omission of the sub-limit endorsement. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 16, 2023, Case #: A23A0047, Categories: Insurance, Contract
J. Miller-Lerman finds the district court properly overruled the sexual assault defendant's motion to transfer his case to juvenile court. The juvenile probation supervisor testified there was often the need for supervision after program completion, and that defendant had come into the juvenile system near the age of 18. There was sufficient evidence to support the court’s emphasis on the short timeframe for defendant's juvenile treatment, appropriate evidence for retaining jurisdiction, and there was no abuse of discretion in considering these timing factors. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Miller-Lerman, Filed On: June 16, 2023, Case #: S-23-096, Categories: Juvenile Law, Sex Offender, Jurisdiction
J. Miller-Lerman finds the district court properly denied the inmate’s petition for a writ of habeas corpus. Defendant, who was 17 at the time of his conviction, was convicted for other felonies while in prison and was also granted postconviction relief on his murder sentence from then-recent case law holding that mandatory life sentences without parole for juveniles are unconstitutional. He filed for the habeas writ, asserting that he had reached his mandatory discharge date in 2022. With all sentences aggregated, and applying the good time law in effect when the first of the sentences became final, the court correctly found that the claim failed to show entitlement to immediate discharge. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 16, 2023, Case #: S-22-605, Categories: Habeas, Juvenile Law, Murder
J. Miller finds that the district court properly dismissed a matter brought by three environmental organizations against the United States Forest Service, challenging livestock grazing decisions in the Colville National Forest in Eastern Washington. The organizations claim that grazing decisions would lead to an increase in the number of wolf attacks on livestock, which in turn would cause the Washington Department of Fish and Wildlife to kill more wolves. The matter was properly dismissed because the organizations did not state an injury in fact. Affirmed.
Court: 9th Circuit, Judge: Miller , Filed On: June 14, 2023, Case #: 21-35936, Categories: Agriculture, Environment
J. Miller finds that the trial court properly granted the state's motion to dismiss the voter's and non-profit organization's injunctive and declaratory relief action alleging that Georgia's ballot marking devices do not comply with state law. The non-profit claimed that the QR code generated by the ballot marking devices does not allow voters to verify whether their voting choices were accurately recorded. The non-profit failed to state a claim upon which relief could be granted or show that there is any danger of actual injury. The statute does not require that the ballot QR code be readable by a voter and the non-profit fails to dispute that voters can read their voting choices on the printed paper ballot. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 13, 2023, Case #: A23A0004, Categories: Elections
[Consolidated.] J. Miller finds that the trial court improperly ruled in favor of the former business partner's competing company on a fraudulent transfer claim and incorrectly awarded attorney fees to the competitor in a dispute with the housing construction company over profits the competitor allegedly failed to transfer to the company after the former business partner was removed from his position at the company. The evidence was insufficient to uphold the verdict in favor of the competitor's fraudulent transfer claim. The trial court also incorrectly granted a directed verdict on the competitor's conversion claim against another construction company. However, the trial court correctly granted summary judgment on the competitor's fraudulent transfer cross-claim against third parties. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 13, 2023, Case #: A23A0280, Categories: Fraud, Fiduciary Duty, Contract
J. Miller finds that the trial court properly awarded the customer $474,000 in compensatory and punitive damages in a negligence action against the Hardee's restaurant owner arising after the customer suffered a severe allergic reaction from eating mushrooms. The trial court's jury charges covered the same legal principles underlying the charge requested by the owner. The trial court correctly denied the owner's motion for a directed verdict on punitive damages because there was evidence the customer told the restaurant staff about his allergy at least four times, that the owner did not train employees on allergen and cross-contamination procedures and that the staff reassured the customer that his food would not contain mushrooms. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 9, 2023, Case #: A23A0020, Categories: Jury, Damages, Negligence
J. Miller finds that the trial court improperly entered a temporary order granting the father sole legal and physical custody of the child. The trial court incorrectly failed to make written findings of fact and conclusions of law as required under the statute after the mother's timely request. Vacated.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 7, 2023, Case #: A23A0486, Categories: Family Law
J. Miller finds that the trial court properly found in favor of the landlord in a housing discrimination action brought by the tenant under the Fair Housing Act and Georgia's Fair Business Practices Act. The action arose from a dispute over whether the landlord made reasonable accommodations for the tenant's PTSD disability. There is no evidence that the landlord ever actually refused the tenant's request for a service animal or took negative actions against him for his service animal. The tenant failed to show that waiving pet fees was necessary to accommodate his PTSD. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 7, 2023, Case #: A23A0568, Categories: Housing
J. Miller finds that the trial court properly awarded the company $1.4 million in a condemnation action against the city. The trial court correctly denied the company's pre-trial motion to exclude testimony related to the 2016 purchase price of the property and correctly granted the city's motion to exclude evidence of the company's alleged right to require the city to open a right-of-way for vehicular use. The trial court also correctly charged the jury. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 7, 2023, Case #: A23A0374, Categories: Property
J. Miller-Lerman finds the district court improperly dismissed the ex-wife’s motion to modify alimony. The ex-husband had accepted a veteran’s disability pension which allowed the wife to modify alimony because his acceptance reduced his benefits, and therefore the value of her share. The district court, thinking it was being asked to divide the benefits, concluded that it lacked subject matter jurisdiction as preempted by federal law. The motion sought merely to modify alimony based on a reduction in the pension, and the court had jurisdiction to do this. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 2, 2023, Case #: S-22-066, Categories: Family Law, Jurisdiction, Contract